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PERMANENCY OF FREE INSTITUTIONS. , 

{? SPEECH %v^ J' 

HON. W. McWILLIE, OF MISSISSIPPI, 

IN THE HOUSE OF REPRESENTATIVES, MARCH 4, 1850, 

In Committee of the Whole on the state of the Union, on the President's Message com- 
^y/^ mvnicating the Constitution of California. 

Ky — 

Mr. McWILLIE said: j go beyond this hall. The speeches that have been 

Mr. Chairman: I do not rise for the purpose !i made, the ini[)ediments to organization that have 

of replying to those who have preceded me in this j[ occurred, and the whole action of the House, 

debate, nor is it nny intention to make a party j must point every sane mind to the dangers that 

speech. I may not even refer to the two great | threaten us. 

national parties which have heretofore divided this ij But, Mr. Chairman, it is not oidy here that we 
country. A question paramount to all considera- i see thisagitation and excitement: it has entered 
tions of party should now occupy our thoughts. ^; the social circle, and is breaking down all those 
The permanency of our free institutions is the | kindly feelings which oughtto exist between mem 



subject of our discussion. Yes, sir, 1 believe as 
much as that I now address you, that the Union is 
in danger. I look around me and I can see no 



bers of the same Confederacy. It is impossible, 
from the very constitution of our natures, that we 
can love those who make it a business to revile and 



point of safety. On the one hand I see nearly all [ traduce us. And you know that it is the constant 
the northern States being arrayed against the South '' habit of many at the North to speak of us even as 
on the slavery question; on the other, I see the ! worse than pirates. In your public press, in your 
South, State after State, assuming the attitude of ^ public assemblies and churches, our institutions 
resistance and defiance. Sir, 1 know the past of j are the theme of constant denunciation. They 
ray country — I see and deprecate the present — but ' are spoken of as a national disgrace. Why, sir, 
to me, at least, shadows, clouds and darkness rest ]j even already, so far as the Union of the Slates 
«pon the future. I know not what that future is i; was dependent on the union of the Churches, we 
to be, but I do know that its complexion in a great [ have in some of them actual, practical dissolution, 
degree is to be taken from the action of the pres- i] We have the Methodist Church North, and the 
ent Congress. I believe that our deliberations in ij Methodist Church South. The same division has 
a national point of view are more important than ; taken place in the Missionary Baptist Church — 
those of any deliberative assembly that has taktn ;] and it is with ditiiculty that the union of the Pres- 
place since the adoption of the form of govern- 1| byterian Church is retained. Are not these facts 
ment under which we now live. The Union of ij portentous r Ought they not to warn us of danger? 
these States is the subject of our discussions. Sir, il The same causes that have made a Church North 
I know not how to approach it; its magnitude and |i and a Church South will, if not arrested, make a 
importance overwhelm me. Even when sus- j Confederacy North and a Confederacy South — 
tained by the promptings of duty and of patriot- 'i like causes produce like effects. Discord separ- 
ism, I would not dare to enter upon this discus- j, ated the Churches— discord will separate the States, 
sion were it not that I know that the genius of my i| But it is not only here, in the hnlls of legisla- 
country, liberal as the God I worship, only re- |i tion, in the social circle, and innhe churches, that 
quires my best endeavors when sanctified by the j| difficulty exists, but even in the election of our 
best affections of my heart. Yes, sir, my country present Chief Magistrate, it was an element of 
has my heart; I love it— I love it all— North and political power, and so great was the hostility of 
South, East and West. 1 love it, because it con- ' the two sections of the Union, that he had to be 
tains the ^^raves of my ancestors, and is the home supported at the North as the anti-slavery candi- 
of my wife and my children; I love it, because in it i: date, and at the South as the pro-slavery candi- 
I have a common history, a common inheritance, :' date. In other words, so great was the hostility 
a common glory, a common liberty, and a common tl of the sections, that the people had to be deceived, 
hope I love it, because it was founded in the toil that politicians might be enabled to induce them 
and suffering, and blood of the Revolution. 1 : to act together. Sir, in consequence of this hos- 
love it, because our fathers, in their wisdom, ' lility of the North and South, in the last Presi- 
ioined us in political Union. I trust, 1 hope, 1 : deniial election, there was no expression ot the 
pray, that nether ihe ambition of the few, nor the ; popular will, on the most impottant and vital 
madness of the many may ever be able to sunder I question that has ever agitated ihis nation. la 
these States, which God had seemed to have joined 'i other words, the people, by their suffrages, ex- 
together. It is for you, my brethren of the North I pressed no opinion. They lost the control of 
--yes, 1 will yet call you brethren- it is for you ' their own Government; and this is the rc^soa 
to determine what are to be our future relations, i. why the whole executive department of our Gov- 
The agitation comes from you; you are the actors, i; ernment now stands dumb m the presence of the 
and upon you rests the responsibility. The h power of abolition. Sir, are not facts like these suf- 
South asks but equality and justice-she can j; ficient to alarm every patriot? But, m addition to 
never take less. Sir, I have said that the Union all this, you have been told, by the member front 
ig in danger. For proof of this fact I need not H North Carolina, [Mr. Cungman,] that no further 






legislntion is to be had in Bupporl of Goverii- 
meni, unless these agitations be stayed ; and 
that otherwise, here and now, tliis Goverrmcnl 
ehtill perish. This curnes from the Whig side 
of tiic House, which claims to be tiie Conserva- 
tive; and from the Whig and Conservative State 
of North Carolina. I arn no alarmist. I appeal 
to no man's tears; but 1 do appeal to the ;;ood sf nse 
and patriotism of this House and this nation. 1 
warn them that this Union is in danger; and 1 tell 
them that the South is now prepared to prtsenl 
the iiiternative of domestic tranquillity, equality 
and justice, or separation. Sir, the time has 
come when every man who loves the Constitu- 
tion of his country, must be prepared to stand by, 
or, if ncce.ssary, to pcnsh lor it. Yes, sir; the 
time has come when liie nation expects every 
man to do his duty. The time has come when 
llioughts of patriotism, and such thoughts alone, 
•'.Moiif; dur hearts re«|ioiiilini; striiiei; should run, 
Nor kt ;i tone tlicrf vibratf tiut Uie one." 

Ves, sir, the man who, on an occiision like the 
present, could think of himself or his prospects, 
would desert the flag of his country in the hour of 
battle, or would sell his country's liberty fora con- 
sideration. Every man who has given his serious 
attention to this question, must now be satisfied 
that it has reached a point at which delay in its 
adjustment must be accompanied with the greatest 
danger. Its progress is onward — and the nation 
even now trembles beneath its tread. The time 
was, when this agitation was confined to a few 
fanatics; but now it has become an element of po- 
litical power and sectional aggrandizement, utterly 
incompatible with the existence of the Union. 
Then it was but a speck upon our political hori- 
zon — "a little cloud not bigger than a man's 
hand ;" but it has grown and spread, until now it 
covers near all the sky. The lightnings flash 
amid its tempestuous folds — the thunders roll along 
its mighty base — and the temple of our Union and 
our liberties is shaken as if by the upward heav- 
ings of volcanic fire. The nation is alarmed, the 
star of our destiny is being darkened, and the 
glorious light of liberty and of hope is paling upon 
our path, 1 fear, forever. Yes, sir, the danger is 
most imminent; already the instruments of revolu- 
tion are at work. Nearly, if not quite all, the 
southern Slates, by conventions of the people or 
by their Legislatures, have declared their fixed and 
unalterable purpose of resistance, in the event of 
further aggression — and a Southern Convention is 
already preparing to meet at Nashville, in June 
next; while in the northern States, the Legisla- 
tures of near all of them arc passing the most of- 
fensive and aggressive resolutions, instructing 
their Senators in the other end of thisCapitol,and 
requt.-'ling their Representatives on this floor to 
execute iliese resolvcf. While at the same time 
the .•\i)oliiion societies and conventions at the 
North — the sa[)ptr8and miners in thisarray against 
the South — arc urging disunion upon the people, 
and denouncing our glor'ous Coniititution " as a 
lea^'Uf: with Deiith and u covenant with IIcll." Sir, 
rondncKH rules the hour, and the South, lo appear- 
ance, will be left with no alternative but disunion 
or unccjndiiiunul submishion. If this alternative is 
for' td upon us, we know our duly to ourselves 
and our poHH:rity, and we will dare to do it — even 
though II bhould dissolve the Union. This is 
»;lrong Inngtiagc; and I am uware that there are 
ilioHe who will nttemjit lo brand me as u dis- 
unionint; but, Bir, I repel the charge oj unfounded 
luid unjUKt. 



If I know myself, sir, there has never been one 
day in my existence in which I did not stand 
ready lo peril my life, if necessary, in defence 
of this Union. Yes, sir, I love the Union, bat 
not as it is loved by the member from Ohio, [IVlr. 
Root,] or the member from Massachusetts, [Mr. 
Man'.v,] or the member from Pennsylvania, [Mr. 
Stevens,] or the member from Illinois, [iVlr. Cis- 
6ELL.] They love the union of these States just 
as despotic and cruel Austria loves the union with 
Hungary. They love it so well, that to preserve 
it they would give the people of the South to the 
sword, and our beautiful fields, and villages, and 
cities to the flames, accompanied by all the hor- 
rors of servile and civil war. God deliver the 
South from such union and such patriots. Yes, 
you would do just as Austria did — ^you would call 
in the aid of Russian butchers. Such are your 
attachments to the Union, and such your tender 
mercies to the South. Sir, if this be the Union 
that the North loves, I must say it has my utter 
detestation and scorn. You claim us as your 
slaves already. The Union that I love is the 
union of equality, and justice, and fraternity — the 
Union of the Constitution. Yes, sir, the Consti- 
tution is'the Union. We have no other bond of 
union. Ours is a Union of law and not of force. 
It had its origin in the common consent of the 
people. It was founded on principles of justice ; 
and every encroachment upon the Constitution is 
an attack upon the Union itself. I appeal to mem- 
bers of this House, and implore them to respect 
its guarantees. " We ask nothing but what is 
right — we will submit to nothing that is wrong.'" 
We would disgrace the ancestry from which we 
sprung if we were lo submit to the aggressions of 
unauthorized power. We would be unworthy 
the name of Anglo-Saxons. Our fathers resisted 
the duty of a penny a pound on tea. It was not 
the amount of duty, but it was the power claimed 
by Great Britain to legislate for us in all casee 
whatsoever. It was the right which she asserted 
to tax Englishmen without representation. With 
us the question is not only one of principle, as it 
was with our fathers, but it is a question of ex- 
istence. We should bear in mind what has ever 
been the course of power when led on by the fell 
spirit of fanaticism. We have an example of it 
in the island of St. Domingo, once the most 
wealthy and beautiful isle of the Indies. Now it 
is almost buried in barbarian darkness — a waste 
and a desert. There Abolition carried fire to every 
dwelling, and quenched the tlaincs in blood. Sir, 
such may be the fate of the southern States if 
tliey yield upon this question. Fanaticism has 
never yet let go iis hold upon its victim, unless 
when compelled by force or fear. 

Mr. Chairman, I am aware that there are still 
some, I hope many, men at the North, who have 
not yielded to this fanaticism; and who, if they 
could, I have no doubt would gladly arrest this 
aggression. But so many of both political partiee 
have more or less commitied ihcmselvcs to the 
doctrines of Free Soili.--rn, that I must say, that 
when it comes to voting on this floor, our cause 
appears to be almost, if not (piite hofieless. But I 
will not even yet despair of the Republic, and 
will continue to hope that at least those on this 
side of the House who in times past have stood by 
the Constitution, will continue to do so; and I trust 
that, on the other side, there may be some who 
will be [)re()ared to do us justice, and save tho 
Union. For 1 repeat, that I do not believe that 
ihui Union can eurvive the diefrancbisement and 



degradation of the southern States. Sir, I do not 
aa.y this in the language of threatening. The 
South makes no threats; she simply tella you that 
we must respect each other's rights or separate — 
that we must agree better than we now do, or we 
ought to part company. The South loves the 
Union, but she has never yet tliougiu of waging 
war against the North for the purpose of effecting 
a change of pubhc sentiment; nor has she yet pro- 
posed in her extremity of attachment to the Union 
to ravage one half the States with fire and sword. 
All we say is, that we will assert our rights, 
and that if it becomes necessary, we will meet 
force with force. Yes, sir, we of the South will 
resist aggression if it be forced upon us — we know 
the price of freedom, and if necessary we will pay 
for it. We know that no people have ever long been 
free, unless they stood ready to defend their rights 
— the conservators of their own privileges. In 
ordinary times the Constitution is a sufficient pro- 
tection , but in times like these, when prejudice and 
passion and the thirst of sectional power control 
in the halls of legislation, constitutions are value- 
less, only aa they define the boundaries of power 
and of privilege, and teach us where resistance 
.should begin, and where aggression must cease. 
The privilege of bearing arms, and the courage to 
use them, is at such times of more value than all 
the constitutions that have ever been written. No 
people can be long much misgoverned who have 
arms in their hands and the knowledge of their 
use. We know that the Tree of Liberty has ever 
been watered with the blood and manured with 
the bones of patriots — all the liberty now upon the 
earth has been purchased by the blood of our race. 
If necessary, we will do as our fathers have done 
before us. 

Sir, I would ask why do our northern brethren 
force this alternative upon us ? Why do you urge 
upon us a state of facts utterly hostile to the Union 
and in violation of the Constitution ? Has not our 
Government at least to you answered the purposes 
of its creation? Have we not grown and pros- 
pered beyond any people ever upon this earth? 
Have not the lines fallen to us in pleasant places, 
and have we not a goodly heritage — tlie heritage 
of liberty, equality, and abundance? We have 
already grown from thirteen to thirty States; and 
have territory sufficient for many more. Our 
eagles, from their eyrie on the Rocky Mountains, 
dip their wings in the Atlantic and Pacific oceans, 
and our banners float upon the St. Lawrence and 
the Rio Grande. We can almost say, the conti- 
nent, the boundless continent is ours. A destiny 
so gieat,so glorious has never been granted to any 
people. I would again ask, are these blessings all 
to be sacrificed? I trust not : there is, however, 
but one way in which they can be retained, and 
that is by respecting the guarantees of tlie Con- 
stitution, and giving even-handed justice to the 
South. We have never asked more than equality 
with our sister States — we have ever acted in that 
spirit of concession and compromise in which the 
Constitution was adopted; and we have never once 
given to the North cause to complain of an aggres- 
sive spirit; nor have we ever violated one con- 
dition of any compromise which we have made. 
We have ever been generous and forbearing. 
Virginia yielded for the sake of harmony and 
equality all the territory north of the Ohio as free 
States which was previously slave territory — we 
divided Louisiana and Texas with you, both of 
which were slave territory — and in the session of 
Congress before the last, we offered almost unani- 



I mously to accept the Clayton compromise bill, and 
we received but twenty-two Democratic votes and 
( not one Whig vote from the North. I would aak 
i what did that bill give us? Why nothing but simply 
I the right to try the constitutional queation at issue 
j between us, in the courts of the Union . Even this 
you denied us and shut us out from the courts of 
j justice. And at the last session of Congress you rc- 
j fused to pass Walker's amendment to the n[)pro- 
j priation bill, which simply e.xtended the provisions 
of the Constitution to New JVlexico and California 
I — even this you refused us. I submit to the candor 
\ and justice of tliis House and this nation, if we 
■ could have asked or taken less? You deny to us 
i the guarantees of the Constitution, and still expect 
] from us submission. This is impossiide. Sub- 
mission to acknowledged wrortg, would be social 
and political degradalion. We cannot be brought 
to this. 

Mr. Chairman, I have charged against the 
I North that she has disregarded her constitutional 
I compact, and that she invades our chartered rights. 
j This is a circumstance calculated to excite the 
; most melancholy and alarming reflections. But it 
is not the less true. Heretofore our contests have 
been as to the effect of measures; but now the Con- 
stitution, the ark of our political covenant, which 
contains the plighted faith of the States and of the 
people, is the object of attack. Yes, sir, the Con- 
stitution by which we live, and for which, if ne- 
cessary, we should be prepared to die, has been 
despised and rejected in reference to the rights of the 
slave States, and every invention of the imagination 
is set up in opposition to it. 1 presume that there is 
not a man within the sound of my voice who does 
not know that the last clause of the 4th article of 
the Constitution (in reference to fugitive slaves) 
is now a dead letter. That article requires that 
such slaves shall be delivered up on claim of the 
owner — thereby making it the duty of the State to 
attend to the delivery. This most, if not all, of 
the free States have refused to do, and some of 
them have nullified the Constitution by the most 
prohil)itory laws on the subject. This clause of 
the Constitution is in the same words as the clause 
immediately preceding it in reference to fugitives 
from justice, and that has generally been executed 
in good faith, thereby showing that there is no 
ground for explanation on the plea of difference in 
construction. This is a point in which the viola- 
tion of the Constitution has been so flagrant ;is to 
have no defenders. Then, if the Union be but the 
creature of the Constitution, it follows as a corol- 
lary, that liere is practical disunion. According 
to the law of nations, the violation of one article 
of a treaty by one of the parties to it, is a violation 
of all, or, in other words, discharges the other con- 
tracting party from any obligation to respect its 
other provisions. Thus in our compact of Union 
between the several States. This is one cause of 
complaint established, and not denied by our north- 
ern brethren. But we have many more. The 
constant agitation of the slavery question in this 
District, with a view to its abolition here or else- 
where, is of mischievous tendency, and destructive 
of the domestic tranquillity of the States, (which 
was enumerated, as one object of the Union;) 
and if it were to be carried into effect would 
be in bad faith to the slave States generally, 
and to the States of Virginia and Maryland in 
particular; and would, in my opinion, be a 
violation of the Constitution. I am aware that 
many able men have given a different construction, 
and that, under the clause in the 8th article of the 



Constitution, g:ivin» lo Congress the "right to 
exerrisf exclusive legislation in ail cnses whatso- 
ever" in this District, the power may be plau- 
sibly claimed ; but I cannot think that it can 
be justly claimed. Those who chiiin the power 
for Oonjjress, do 60 on the ground that exclusive 
legislation is synonymous with unlimited power of 
legislation. I think this is a misapprehension. For 
instance: this Congress and the State Legislatures 
have exclusive legislative power over the States 
and the people of this Union. But they have not 
all power. They have only certain delegated 
powers, and the balance remains in the keeping of 
the people, the sat'est and best depository of power. 
It is manifest that the grant of exclusive power of 
legislation as giveji in the Constitution, dors not 
mean unlimited power, but is simply the grant of 
power under the general provisions of the Consti- 
tution, and must be exerci.sed simfily with the 
view of executing the objects of the giant. Eitlier 
this is the true construction of the grant, or in this 
District Congress has unlimited power — even the 
power to sell every freeman into perpetual slavery. 
But upon any fair view of the Constitution it is 
impossible to maintain this construction of unlim- 
ited power — for by the Constitution " the trial 
of all crimes except impeachment shall be by 
jury." I hold that Congress cannot abolish the 
trial by jury in this District. And further, a con- 
viction in this District for treason could not "work 
corruption of blood,'' bccau-^e the Constitution e.x- 
pressly says "that no attainder of treason shall , 
work corruption of blood, or forfeiture except ii 
during the life of the person attainted." Here is h 
another restriction of the power of Congress in this il 
Distri.:t. But such restrictions are too numerous | 
for me now even to refer to them. See the 1st ar- ij 
tide of the Amendments to the Constitution, which | 
is in the following words: "Congress shall make, 
' no law respecting an establishment of religion or J 
' prohibiting the free exercise thereof; or abridging it 
'the freedom of speech, or of the press, or the right i 
' of the people peaceably to assemble, and to peti- ' 
' tion the Government for redress of grievances." j 

la there any one here who, in the face of this , 
express provision of the Constitution, would con- , 
tend that Congress has the right, in this District, ij 
lo establish a Church, and prescribe a form of 
worship, and fi.x a creed; or to abridge the free- 
dom of speech, or of the pres."*, or the right of ; 
petition '. If not, then the power of C(mgress has i 
limitations, and these are fixed by the objects of;' 
the grant and general principles of the Constitu- 
tion. In fnct, all of the twelve articles contained 
in the .Amendments to the Constitution but one, '. 
arc limitations upon the power of Congress here, 
and in the Stot^a and Territories. In truth, the 
whole theory of our Government, State and Fed- ' 
eral, is predicated upon consiituiional restraintsof i 
power. There is no power in this country which i 
u not limited, except the jjower of the people; and , 
even this uliim tte power hits to be exercised ac- 
cording to certain prescribed forms, or it isrevolu- 
lionnry. | 

If the conclusions which I have staled be not 
true, then every citizen of this District has no 
other tenure for his life, liberty, or property, but 
in the will of Congress ! The siippogiiion of such 
« »l/ite of fi'ts is monistroiis, and would be abhor- 
rent to every .VtiieruMn henri. 

If, then, It be conceded, as it must be, that the 
pow'r of CongrcBs in this District is limited, I ) 
would aik, in what is that limitation to be found ? ' 
1 think the natural unawcr mu&t be, that it is to be I 



found in the object and nature of the grant. These 
were plain to the minds of the framers of the 
Constitution, who pim[>ly desired to confer upon 
Congress, in the Ten Miles Square, such power 
as would enable them — freely and without re- 
straint — to carry out all the other provisions of the 
Constitution in which this particular provision is 
contained. Can it (by any sane mind) be contend- 
ed, that the grant of exclusive legislation in this 
District was intended to confer upon Congress any 
power outside of the Constitution? The suppo- 
sition i.s absurd. Tlie grant was made simply that 
Congress, and the other departments, might at all 
times be in a situation to perform their duty under 
and by virtue of the Constitution. 

No one will have the impudence or folly to 
contend, that the abolition of slavery here or else- 
where, was one of the objects of the grant. If it 
was not, then it follows, necessarily, that no such 
power exists in Congress. And 1 think I am for- 
tified in this view of the subject by the fifth article 
of the Amendments to the Constitution, which con- 
tains the following clause: " Nor shall private 
property be taken for public use without just com- 
pensation. " The Constitution thus negatives the 
idea tliat private property can be taken for any 
other purpose but for public use, and then upon 
just compensation. Abolitionism would take it 
without just compensation, and for no public use. 
I might follow this subject further, but I will re- 
frain, by simply saying, that I am satisfied that 4 
Congre.ss has neither the right to abolish slavery 
in this District, nor to appropriate the jjublic 
money to any such purpose as compensating the 
owners of the property for its value. I suppose, 
even in these days of latiiudinarian construction, 
it will not be denied that there is a limitation of 
the objects to which money may be appropriated 
by Congress. 

The next proposition to which I shall call the 
attention of the committee is, the question of sla- 
very, as connected with the territories. This is 
a fearful question — one which will, and which 
ought to dissolve this Union, if the claims set up 
by the North are to be insisted upon. I will ask, 
sir, what are these claims? Why, they are sim- 
ply that the free Stales shall take for their exclu- 
sive use and benefit the whole of the territory 
now owned, or which hereafter may be owned by 
the United States — excluding the slaveholding 
States from all participation in the territory ac- 
quired by the common blood and treasure of all 
the States — with the resulting consequence, that 
slavery ie to be confined to its present limits, and 
that no slave State shall ever hereafter be permit- 
ted to enter this Union. This would be a most 
iniquitous proposition, even if it had the sanction 
of the Constitution upon ils side; but when il is re- 
flected that it is as gross a violation of the Consti- 
tution, ns it is of the common principles of hon- 
esty and justice, how can it be expeeieO that tlie 
.•southern States will submit to it? They ought 
not — they cannot — they will not. 

Mr. Chairman, 1 intend to speak plainly, be- 
rause I think wc ought to understand each other. 
I will, then, aay that my mind is deliberately made 
\\Y to the conviction that the South ought not to 
take less than the Mis.soiiri compromise, with 
such guarantees ns this Government ran give that 
the agilaiion of the slavery question shall cease in 
reference to this District, and in Con^'iess general- 
ly, and that the non slaveholding States shall be 
required, cither by the action of Congress or the 
action of their State Legislatures, to abide by 



and execute that article of the Constitution which 
mal<es it the duty of those States to deliver 
up runaway slaves. These questions, sir, must 
be settled now if we desire to save this Union. 
Any attempt to defeat the just rights of the South 
will, in my opinion, as certainly destroy this Union 
as that I now address you; and he who voles for 
the abolition of slavery in this District, or the ex- 
clusion of the South from a just participation in 
the territories, may rest assured, that if his vote 
is consummated by legislation, that he votes n dis- 
solution of the Union. 

Mr. Chairmain, I have stated that, in my view 
of this question. Congress has no power to pro- ' 
hibit slavery in the territories; and in support of} 
this position I call on those who claim the power, i 
to show any article of the Constitution which con- 
fers it. I aver it gives no such power; and if it is i 
not in the Constitution it cannot be exercised by \ 
Congress; because the Constitution uses the fol- i 
lowing very explicit language in reference to our 
powers: The 10th article of the amendments to the 
Constitution is in the following words: "The 
powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are 
reserved to the States respectively or to the peo- 
ple." This article of the Constitution is an estop- 
pel to the exercise of this power, unless it can arise 
by implication from some of the express grants of 
power. This is admitted by all — even those who 
claim the power. In this state of the argument 
we are met by the allegation that Congress has the 
right to acquire territory by treaty, and the right 
of acquisition must, from the necessity of the case, 
be followed by the right to govern. This is true 
to a certain extent. That'is, Congress has the 
right to govern to the extent of the necessity, but 
no further; and this necessity, in my opinion, is 
limited by the legislation necessary to preserve the 
property of the United States in the territories, 
and the establishment of such civil governments 
as may invite settlements to be made and are suf- 
ficient to protect the settlers in the enjoyments of 
life, liberty, and property, during their territorial 
pupilage preparatory to their becoming States. I 
think beyond this the less power Congress exer- 
cises the better; and this certainly fills up the im- 
plication arising from the necessity of the case. 
The necessity is the proper limitation of the power, 
and whenever the necessity ceases the power also 
ceases. And I presume that no one will contend 
that the prohibition of slavery is necessary either 
to the preservation of the property or the protec- 
tion of the citizen. If so, the argument drawn 
from the necessity of the case falls to the ground, 
and the power with it. There are some persons 
who claim this power to exclude slavery from the 
territories under the 3d section of the 4ih article 
of the Constitution, which is in the following 
words: That is, the " Congress shall have power 
to dispose of, and make ail needful rules and reg- 
ulations for, the territory or other property be- 
longing to the United States." This is certainly 
a provision intended for the territories as prop- 
erty, as it distinctly puts the territories on the 
same footing with other property belonging to the 
United States; and only give to Congress the 
power to make the needful rules and regulations 
for its protection and sale; and certainly no mem- 
ber of the Convention that framed the Constitution 
ever could have imagined that a general and un- 
limited right of sovereign jurisdiction was covered 
up under this grant— and that, in addition to this, 
it was to influence the relations of slave-property 



in all the slave States of the Union. The suppo- 
sition is not warranted by the facts of the ruse, for 
certainly it will not Ijc contended that the prohibi- 
tion of slavery is one of the needful regnlniiorB 
in disposing of the land lying in the rerritoricR; 
and no power is granted but such ns was needful 
in reference to the territories as property. 

I believe that in some cases this rii;hl of extend- 
ing a slavery prohibition to the territorie.s is at- 
tempted to be derived from the last clause of the 
eighth section of the first article of the Constitu- 
tion, which reads as follows: 

" Consre^s shall have powerio iiinkrall laws which shall 
be necessary and propcrlorcarryinginloexcculion ihR fore- 
going powers, and all other powers vested by this OmHlitu- 
tion in the Government of the United BtalCi", or in any d«- 
parlnient or olficer thereof." 

Now, Mr. Chairman, it will behoove those who 
insist that this power is necessary and proper, to 
ingraft it upon some one of the expressly-granted 
1 powers. This cannot be done, as there is no such 
grant in the Constitution, and it is absurd to sup- 
' pose an incident without a principle, or an effect 
j without a cause. You might as well suppose a 
j child without a parent. Sir, this claim of power 
may be justly said to befilius millius. It is one of 
I the bastard progeny, born fnm constitutional 
I prostitutioi), and sliouhl never be recognized as 
1 legitimate. Whenever a power is claimed without 
\ a grant, under the plea of necessity, it ought to be 
viewed with suspicion, as this has ever been the 
' plea of tyrants. And no such implication arises 
unless it be indispensably necessary to the execu- 
i tion of some granted power. If we give any other 
meaning than this to the clause now under consid- 
eration, the Constitution v/ouM not be worth the 
paper it is written on. 

Sir, a few days since I was not a little surprised 
to hear the great Senator from Kentucky, [Mr. 
Clat,] in the other end of this Capitol, assert the 
monstrous doctrine that this Government derived 
its power over this subject from Mexico. And he 
claims that because Mexico, or the Government 
of Mexico, had this power, that, ex necessitate, this 
Government must now have it, as we had ac- 
quired the country from Mexico. This is the 
first time that 1 had ever heard that this Govern- 
ment could derive authority from any other source 
than our own Constitution. He says Mexico 
parted with the sovereignty, and that as it was 
parted with, it must be vested in this Government. 
This is a monstrous doctrine — one that substitutes 
this Government for the States and the people 
of this Union. Sir, this Government is neither 
the States nor the people of this Confederacy. It 
is but the agent, the servant, the creature of the 
States. It is but the trustee, and the States are 
the cestui ijue trusts. Mexico transferred to the 
United States, and not to the Government of the 
United States. If this Government received all 
the authority in New Mexico and California that 
Mexico parted with, it is an absolute despotism 

for I believe it is well understood that Mexico 

has a government without limitation of powers. 
The gentleman referred to said, " Mexico could 
have abolished slavery, or have introduced slavery 
either into New Mexico or California. Now that 
power must have been ceded. Who will deny 
that ?" And he said further, that as none of the pro- 
hibitions upon the power of Congress conUiined 
in the Constitution "restrain the exercise of the 
power of Congress on the subject of slavery, 
the powers of Congress are co-extensive and co- 
equal with the powers of Mexico prior to the ces- 
sion.'' This is, I trust, the first time, and I hope 



6 



il will be the last, tliat a foreign nation will be 
looked to as the source of the powers of this Gov- 
ernment, or that It will be pretendecJ that this 
Govermneiit 1ms all the powers which the Consti- 
tution doea not deny to it. This is an assumption 
in ihe very troth of the Constitution, which de- 
ciares that Con-jiesa has no |iowerd but those 
jjranted to it. That I may do the genilenmn no 
injustice, i will make one other exiracl from his 
speech, which is as follows: 

•' W'ltli reKnrd to die Iri'Hty-iimkiiiS! power, all who tiavo 
hfiil ncca.-<ii>ii t<> i-xaiiiiiie iiiId it:« character, anil into the pos- 
sible extent l" which it may be carried, know th.il it is un- 
liiiiitPil in Its iintnre, except in so I'ar ixa niiy liniilalioiis may 
be iDUnd within the Coiistiliition of the Unitid Slates; liiit 
D(K)n thi> Hiilijecl there is no limitation whu h prescribes 
Itje extent to which the power shall be uxe rciscil." 

Here is u^mu the distinct averment, that a.s the 
Constitution has not withheld power from Con- 
gress, that consequently it has {.he power which is 
not withheld. This is the most laliludinarian con- 
struction of the Constitution that I have ever met 
with — and against which I enter my solemn pro- 
test. And will refer to the lOih article of the 
amendments to the Constitution, which declares 
that Congress has none but granted powers. 

Mr. Chairman, I will conclude this branch of 
the argument by calling the attention of the com- 
mittee to the supposition that it had been pro- 
posed in the Convention that framed the Con.slitu- 
tion, and recommended it to the people of the 
States for their adoption, that no slave territory 
should ever be acquired under it, and that no 
slave State should ever enter the Union; and that 
the ten miles square auliiorized to be purchased 
a.s the seat of Government sliould be u.«ed as a 
hot-house in whicli to torce the growth of abo- 
lition; and that the clause in reference to fugitive 
slaves was inserted in fraud, and would not be 
executed; and that the non-slaveholding States, 
by the action of their Legislatures, would make 
it a dead letter. I ask, sir, if such propositions 
had been made in the Convention, or suliinitted to 
the States, would they have received one single 
southern vote.' or would the Constitution have 
been adopted.' Then, sir, if the Constitution 
could not have been adopted containing such pro- 
visions, is it not palpable that no such provisions 
were in it at the time of its adoption ? I know no 
better way of ascertaining what wise men have 
done than to ascertain what they intended to do. 
The intention of the parties to a treaty, covenant, 
or other contract, is always an important matter 
to be ascertained in view of obtaining a right con- 
struction of the instrument. The intention of the 
legislator is always looked to in tiie con.«truc- 
lion of a law when doul)t arises as to the true 
construction. Now, sir, let us subject the claims 
of the North to this test, and they cannot stand 
one moment. We all know that the Constitution 
never coijld have existed tniitainiiig such pro- 
visions; and, notwithstanding this, there arc men 
here, and el.sewhere, who claim this power for 
the Federal Government. Nothing can equal the 
absufdiiy of this claim but its gross and palpable 
inju.Niice. Yes, sir, even lulinitiing the <'.onsiitu- 
tH'nal power to be in Congress to do what I fear 
will be (lone, the act wmild then be no belter than 
highway robbery. And I hive heard nothing 
wild III its vindication, either here or elsewhere, 
except a certain fashionable cant about all men 
being born free and cquul, and the power of ma- 
jorities. Now, fir, I have great respect for the 
action of such iinjonties as arc prescribed by 
laws and constitutions, but 1 had lailier have any 



other king than king numbers, as now presented 
to our acceptance. The most frightful despotism 
upon earth would be that of an uncontrolled, un- 
checked, sectional majority. It would make ours 
a government without limitation of powers — a 
great sectiona despotl^^m. 1 am aware that much 
is said about the rights of majorities, and that 
many jioliticians speak of majorities as subjects 
do of their monarchs — as though they could do 
no wrong. But majorities may be wrong as well 
as minorities, and majorities have no other rights 
than such as they derive from the Constitution. 
Minorities have the same rights, derived from the 
same source. All our majorities for the practical 
purposes of legislation are constitutional majori- 
ties, and not mere majorities in numbers. And 
this is the crowning beauty and excellence in our 
systems of free governments; that is, that ours 
are governments of constitutions and laws, and 
not of men — no, not even of majoritcs of free 
men. All are in subordination to law, and all 
have the protection of the law, minorities as well 
as majorities. While the guarantees of the Con- 
stitution are respected, a minority has the same 
protection in life, liberty, and property as if they 
were a majority. The law does and ought to act 
alike upon every citizen. 

Mr. Chairman, I would warn our friends here 
to be cautious in relation to the claims set up for 
mere numbers, without proper regard to the Con- 
stitution. The idea is full of danger, as was illus- 
trated in the horrors of the Reign of Terror in 
France, which was simply the reign of an un- 
checked majority. In these days of progress, 
there is danger that the rights of minorities may- 
be lost sight of, in the assumptions of majorities; 
and that the greatest good of the greatest number 
may become the rule of action, without reference 
to the law or Constitution. This is the language 
of demagogues. The language of th.e Constitu- 
tion is, the greatest good to the greatest number, 
without injustice to any, and in subordination of 
the Constitution. This is what we ask of you, 
and this is what you refuse to us. For the pur- 
pose of illustrating the claims of the South, 1 will 
suppose a case of three men who have been acting 
as partners for ten years, and at the end of that 
time, they meet togethei to arrange their business 
and divitJe their profits, when, to the astonish- 
ment of one of the three, he finds that the other 
two have united !\gainst him, and determined lo 
take all the profits to them.5clves, though he had 
given his time, his lalior and his money to the 
firm, as faithfully as either of his partners: would 
you expect the third man, who had been thus 
treated, to remain in the firm, and more especially 
when he was told that, for the future, ho would 
be expected to labor as usual, and to contribute 
his money, but was to ex|>cct no better treatment ' 
This is a case precisely analogous to the situation 
of the southern States. They jointly, with their 
co-States, have acquired territory by contribu- 
tions of blood and treasure, and now they are to 
be excluded from those territories, and are not, 
for the future, to expect any lielter treatment; for 
I understand that hereafter the policy of the 
North is to be, that the w hole power of this Gov- 
ernment is to be exercised against the institution 
of slavery; in other words, the South and her in- 
stitutions are to be put under the ban of the em- 
pire, and we are to be made the hewers of wood 
and drawers of w:iler. We arc expected to share 
all the burdens of Government, while wo are to 
be permitted none of its benefits. Do you ex,- 



pect a proud and chivalrous people to submit to 
treatment like this? If you do, you will be dis- 
appointed. By way of illustration, 1 will reverse 
the case, and suppose the South to assume the 
ground that hereafter no free State should enter 
this Union, and that all the territory acquired 
ehould be slave territory, and that the whole 
power of this Government should be exerted for 
the extension of slavery, and that the free States 
should be put under the ban, and that the whole 
influence of this Government should be brought to 
bear against the free Slates and their institutions. 
You would think us mad if we were to assume 
such a position. But it is a bad rule that won't 
work both ways; and I defy any man on earth 
to show one good reason why our pretension 
would not have the same foundation in right, as 
yours. We are your equals under the Constitu- 
tion, and in every other respect. The Constitu- 
tion says, " the citizens of each State shall be en- 
titled to all the privileges and imnnunities of the 
citizens of the several States." If you would 
submit to such treatmejit, you ought to be kicked 
out of the Union, as unworthy to remain in it. 
The same may be said in relation to the South, 
only 1 can assure you, she will not wait to be 
kicked out. Many here, and elsewhere, appear 
to have a holy horror of the institution of slavery, 
as though it was now heard of for the first time, 
in the history of our country or the world. 
They forget that their fathers sold us most of 
these very slaves, and guarantied our rights of 
property in them, under the Constitution, for a 
consideration which has been paid. Some of the 
very negroes that your fathers sold us, are still 
living; and, though they are removed one thou- 
sand miles from you, they trouble you over-much. 
Your conduct puts me in mind of the Pharisee, 
of whom we are told, that when he stood in the 
Temple and prayed, he thanked God that he was 
not as other men — not as the poor Publican who 
was before him, I suppose many of you thank 
God that you are not as we slaveholders; and 1 
suppose some of you, in the spiritof the Pharisee, 
even when you look upon the portraitof Washing- 
ton which hangs upon my left, the ornament and the 
honor of this hall, thank God that you are not 
such as he was, for he, too, wasa slaveholder. But 
he was first in war, first in peace, and first in the 
hearts of his countrymen. Yes, sir, he led your 
armies in battle— he led them to victory and glory. 
He founded an empire, and will through all time 
be known as the Father of his Country. But 
strange to tell, so great has been the progress of 
some in this progressive age, that his memory was 
traduced by one of the leading speakers in the late 
Abolition convention at Syracuse, New York. In 
this convention the Union was denounced— the 
Constitution was denounced, and the memories of 
Washington, Jefferson, and Madison, were tra- 
duced because they were slaveholders. Are not 
these men mad .> They are either mad or worse; 
they are traitors to all the glories of the past and 
all the hopes of the future. I know that some 
men are fanatics on this subject, and are possessed 
with a piety so transcendental that they fear that 
they may be offered up as a vicarious atonement 
for the ems of the South. But 1 think 1 can ven- 
ture to give such the assurance, that the sin (if sin 
it be) is our ein, and that it is in vain that they 
trouble their consciences with it, and that they are 
not responsible for the matter by any law, either 
human or divine,- and I think that if God has 
borue with us for two hundred years, and has made 



us the most pros|)erous and happy people upon the 
earth, that they might also bear with us, particu- 
larly as they or their ancestors assisted to fix the 
institution upon us. 

Mr. CliiiirinaM, tlieru i^< one tliiii;^ (liul I can bay on ihit 
suliji'Ct ill viiidii aljon of the Soulli, and ii is tli:K: lliat 
:i,UUO,(>i)U of till' iit'Kro race liavf iiivlt lit:r(ire,iii any piirtiun 
of llii; locoiitid history of man, Ikm^ii an iiiuili I'lviii^i-d or 
chtistiani/.L'd as Uhk-'U now in llic (Jniii'd Sialux. And I 
would t^iiy, that any in in who will auind llio clinitli i<i:r- 
vicf, and wilncKH tin; cliri-liau |iirty of a ci)n;;ii');atioii of 
filaveK, will lie cninpelliil to ailiiiit tliiit Afrii'an hiavery Iiun 
not been an iiiiiiiiIii.mI(mI evil, iw.u to (In; slave. And if be 
ha.-< oiiu partii'h' of chnsli.in laitli or cliri^linii hope in his 
heart, wlicii he ((Jiiipares the pii seiil position of llie ni'gro 
with that of tin; Laiharian idolater mid cunnit).'tl in Africa, 
he will Ik: constrained to say, thatfJod may have had, and 
rniisl liavi' had sonic coinpensalin^ providence in dore for 
this people, and that slavery is ilie prohalioiiary stale pre- 
paratory to it. Whatlliis may be, no man can icll— "<;od> 
ways are not as onr ways, nor hi-tthoui^lit.-iaH ourlhoujilitx.'' 

Tiiore are many who suppose that slavery is a »<.cial and 
political evil, and for this rea.-on Uiey reluse to l«;t it -ioio 
the territories. But if it were the evil winch they iiiMsl it 
is, why sliall the whole biirilen of ii be thrown up m the 
present slaveliolding Stales.' Wliy not let the new tStati.s 
lake their share of it.' In what are tliey belter than we? 
1 1' this wasa new (jnestion, as to the iiitioduetioii ol slavery 
into the United States, I could understand the /,eal of the 
North as reconcilable wiili principles of patriotism and hon- 
usiy — hut we do not propose to make any freeman a slave; 
nor do we propose to open the African slave trade. No, 
nothing of lliis kind is sought to be done. All that we a^k 
is, that the master, with his slave, may be p riiiiltid to en- 
ter the common territory of the Union. We ask it, Irorn 
the conviction that it would be better for both. It would 
certainly be belter for the slave, as he is belti t provided for 
in a new and abundant country than in an old and exhaust- 
ed one. Also, the dividing of the slaves into many hands 
would add to their comfort and the lacility of their final 
emancipation ; especially if New Mexico and California 
are not suited to slave labor. If this be true, every .slave 
carried there would soon become a free man. In soiir* 
of the slave Stales the negro population is as large as 
the while. While this state ofthinirs continues, cmancipa 
tion ill these Slates is morally impossible. Under such cir- 
cumstances, it would of necessity result in social and po 
lilical equality. And even our northern friends have yt t 
some prejudices on the subject of color. I see that in the 
good old Bav Suite Uiere is even now a struggle going on to 
keep the negro children out of Uie common schools. And 
I presume those of you who have faniilii-'s have some pre- 
judices of color in your parlors; and Cuffy is not tveii 
there on a foo ing with the descendant of the Puritan. I 
suppose that the descendant of the Huguenot and Cavalitr 
may be allowed the same prejudice's. 

Mr. CUiairman, there is one view of this futijeet which 
has alwavs suuck me wiUi some surprisi, and has con- 
strained nie to doubt the sincerity of the abolition movement 
as a measure of philanthropy. It is Uiis : I never hear of 
the Abolitionists, Free Soilitrs or Wilmot piovisoists paying 
anything to the cause of negro emancipation— I have heard 
of few cases in which they have ever puri'hased the freedom 
of a ^lave. Now, if they are sincere in this matter, it would 
not cost them anymore to emancipate my slaves than U 
would cost me. And really, if they are in earnest, why do 
they not buy the freedom of Uie slaves, and Uike them to 
their homes and minister unto them .' 'I'liis would at least 
show honesty and sincerity, and their works would illus- 
trate their faith. I have never had much faith in lho.,e who 
talk much of charity, but neverglve. Vou propose lo de- 
stroy .■JljS'JOjOOUjOOU of our properly, while you do not give 
a dime to the same object \ ourselves. It might from this 
be inferred thalmo>t of your philanlhropy was intended for 
home consumption, and lo keep your seaUs here. Il is with 
small men a convenient means of temporary advai^ccmenl: 
and with ambitious and bad men it is a means of personal 
and sectional iiggraiidizemeiit. You are the worst enemy 
llie slave has on earth. You rivet and tigluen his chains. I 
have heard the objection uiged against ihe instiuition of 
slavery at the South, that it entered into competition with 
the free labor of the' North, and, therefore, must be aboU 
ishod. This is agrarianism. It is confi.scating the estates 
of one-half of the people of this Union for the benetil of 
the other half. And permit me, in this connection, to suji- 
gest to my friends of the North, Uial when they have golK-n 
through with this neirro agrarianism, and the agrarianism 
thai is going on in relation to Uie public land, that the neit 
move may be real bonafite agrarianism at home. The idea 
that all men are born tree and equal, is a very pretty oiia, 
and I suppose that equality in property is about as desirable 
as equ.-ilityin political right* ; and as much political capiiai 
could be made out of thia idea, as nioBi of Uie other Uusu^ 



8 



bu <nd I stipptwr it miglit be made lo meet 

Ui< .1 < iiii(raiiu wlio aie arriving hy liun- 

4,, ui iii.(Ui.-in citus, ami lur whose 

V , i<)iiiantA .i|i)>ear (<i lie iiiosiaiixiuus. 

•] li«viii«liiK own iiulfpeiiileiil osliitf, 

,1. irl, wouM I'e very tiikiiig. 

s ■ till eviU olIlH- liiii'-H If. lliat poli- 

I,, , . . anil r«iialic» scizi- liulil o( smue 

at . u-l iriHli, iiiiil, M'(»araliii;{ 11 lixiin iill 

,1. . atlrmpl lo r-uU-utiite illor un eiilire 

,, , iniriiiai (x'lny. Ill f!>c, llicy arf iiioMo- 

u J iiirp.it<-ii I . fiibvi-rt llie vt-ry founilalioiis ol 

a: II |iur!.uii o( a MMgle idea. In nirsuil olun 

at . lo><- M;;lii ol' all ili« |>ruclieul hont'liLs of 

g. 1'liry lurKt'l (lint we have to lake llit- 

• 1 It— .inJ not as the lraii«ceiiilenl:ilisl would 

h».r i; 111- Hul p!lllsIlltlro|ll^t wouUI desirc Iliat Itiere 
ttiouM III- nritlirr a imiiir nor a place lor ctinie or misery 
•jnon; all Uif work* ol (Jod. Bin il lie wi re a t'liiidtian, 
he would not eonileinn the whole iiysteni of (;od'.< provi- 
dence l>e.«ii»e It did not conrorui to hii< views. I would 
*ucr*>l I" '"" (raiLvenilental and perfeetahility rrieiid.', to 
du likrwup. < )ur <y>leni« of i;overiinie t may not, in their 
Tirw, 111- p-rfeet; liut they were framed hy men firealer, 
wiarr, bett-r Uiaii oui»ilvei<,and, heretofore, have answered 
Uic purpoiw lur which they were intended. Our govern- 
lOfnt ^111 the laii^.tge of the Constitution) was created in 
order •• to (orni a mor« |)erfect union, lo esuihlisth justice, 
in«urt dommtic tniii(|Uillily, to provide for the comiiion de- 
fence, to promote thr i:Mier«l welfare, and to secure the 
bleoiiifit of liberty to oumelves and our posterity." It has 
done all thi», notwithsiandiiiK it^ guanntee and reco!;nition 
of iJie iniintuiKiiiit of Uie South. It will continue to do so, 
If yi>u renfMci it* coinpromises— otJierwise il must fall, and 
Ittii I 'moil murtt periHh. 

I would ai>k our northern friends, Mr. Chairman, before 
wparaliti; fhmi u.-, lo calculate whal we are worth to tliein. 
To the N. rth Ihis I'nion is indeed a pearl heyond price — it 
U worth more thnn all thi- political capital you can make 
out ol till" abolition aiitalimi. And I say to you in all can- 
dor, ih.^t you mu«l relinquish the one or the other. The 
capital iiivefted in abolition and free-soiiism is but Kniall 
in itiiiotint^it I* rather a peddling hii.-iniss, and Ihouch it> 
discontinuance iiiii;ht break many a small trader in politics, 
I ^up|><l<•■ our Wliij; fnends over the way would assist in 
p«»inK a )i<>liiical bankrupt law, which would give you ab- 
•iilulion on full coiifessioii and repentance. Itut, to be sc- 
nous. i>ir, iiide|Hriident of all considerations of patriotism, I 
would un;i- our iiorlliern brethren to calculate in dollars- 
and crnn wh:il tins IJiiion 18 worth to lliein. 1 \;ould ask 
lli^m to iiii|iiire who pays the taxes of this Government, and 
who r«reiveii tli'-m. I would auk the manufacturers ol cot- 
ton, whiiiie conns i:,e raw material, and where i.s the 
tn.viiifaetiirrd article «old— and whence comes the protec- 
Uoii ol drar ;n perrenl. upon all northern labor and capital ' 
Who fiiiiii .he., ilie frei^lilf lor your shipping intereht .' Where 
do yciu iiiid ilii: proliiH ol your coiiiiiierce and navigation .' 
Why h.ive »ou the eiiiue coasting trade.' Yes, Mr. Chair- 
niaii, till" Union iri known to the people of the North only 
bi lu Mr-.ninjis ; to lis ol tlie South only by its burdens. 
Whrn you roiii» to pay the t;ms of aseparate government, 
wr will «) e wlK'tlier or not yiiM wiil always vote to np- 
p«)pri«te money, and lo increase t.ixes. 'J'he Union is 
to you una>!u:teraled good— rvery governnienial tax is to 
you a bounty, and every burden a liles^im*. Without the 
Ij'niuD your liwlories will rot down, and gra-ss grow in 
jroof »tirei«. Ml. Chriirnian, i will not discnsKihe i|uestioii 
ol tie |Miwpr of the Houtli lo iiiaintain her indi pendent e.v- 
»»lcnrr B«.iii,>i all eoinerii. I will simply s.iy that we would 
hr rtroiiKer and r.cher than any people upon eailli, with 
likP nuinlwr*. Money U the sinew of w.ii, and tins we 
would li4Vc In abundance, with lighter taxes than we now 
pay in liinmi ol profound pear... Hut this (|uestioii ought 
u»i t" I.' ■•t«-.i— . d. I w ill not nut diiM'uss it. I iru.tt it 

W ' ■ :' V . 

•f the feeling of homillty which ex 
''' -'iMiih, IS (lolitical, and ought not to 

U' .1. ti 1- Hid.-ofthe IlouM-. Onegroiindof 

«•'■ '< Ibe »4ouih hail had un undue proportion ol 

^' I ihi" (J'.viriimint. For instanre, we have 

t> ' I'remiJpiiti.. Now. rniglit it to be c.liix? ol 

r- I u", or J.'iil.iii.y touariN lis, tlial WnHJi- 

ti '. Ma:i«on, Moiiroi-. Jarkxoii, mid I'olk, 

•' '""' f^"' lh''y were treat iinil ulorious 

n*mr», III.4 wr all uliniild b.- proud ol them amiur coun 
Ujrinni. Hiil, Mr. I'lialim:iii, Un- Irm- r.iu^e of the Souili 
'••»iJi« twld inan; of tlio luipurunt oIIUm haa not been in 



consequence of sectional feeling, hut it has arisen from iJi* 
fact, that from the days of Washington until now, llic 
strength ol the Democratic party has been in the South, and 
elections liave turned upon Democratic princi|>les, and our 
victories have by us always been esteemed triuuiphs d" 
principle and not of section. 1 trust the tiiiii will never 
come, when on questions of this character we will love uur 
section more tlian our principles or our comiiiun country. 

Washinglon, sir, in his Farewell Address, has warned us 
against " tlie impostures of preiendi d patriohsai, and the 
mischiefs of foreign intrigue.'' I have already .-.pokeii lo 
you of the one, I will now briefly refer lo the other. I will 
not sny that 1 have the evidence of such iiitrisue. Inn this I 
will say, that llie Abolition and Free Soil movemeul isdoin; 
that which, of all things earthly, is most desired by all iJie 
despots of Kurope. They look upon our institutions wilh 
jealousy, and would be greatly pleased at their destruction : 
and I presume that no man here entertains a doubt that thii- 
.tgitation threatens to bring about a dissolution ol the Union. 
England knows and fears our naval and commercial rivalry, 
and nothing but the dissolution of (his Union can save to 
her the a.<cendeney. With the Union, we will not only 
rival but surpass her ; with the dissolution of (lie Union, 
her commerce must remain unrivalled, and (lirough all lime 
she may ride mistress of the seas. As 1 before said, I have 
no evidence of her agency — that of course I never cm have, 
because lo be ellicienl it must be secret. Neidier you nor 1 
know but that herpaid secret agents aie in our midst. This 
work is done so precisely agreeable to what I know would 
he her wishes and her interest, tiiat it naturally suggest the 
idea that it may be done to order. Further, (his idea of 
Canadian annexadon, which was agiuited in the Legisla- 
ture of New Yoik but a few days since, and whicli ha.", 
until lately, been rallier countenanced by the English Gov- 
ernment, comea most opportunely lo excite the lurlher 
alarm of the South, more especially when il is sought by 
the Empire State for purjioses of aggression. I have, loo, 
been surprised at Uie amount of money that has keen ex- 
pended, and is still ready to be expended, in the attempt to 
revolutionize Cuba, with a view to annexation. 1 do not 
know that England has anything to do wilh it, but I do 
know, that she is llie party to be benetited, if these agita- 
tions should bring about a dissolution of (he I'nion. I fur- 
ther know dial England always sees her interest, and never 
omits the means of advancing it. Her statesmanship is the 
most far-sighted and gra-sping, and she never loses an op- 
portunity of advancing cither her interest or her power, 

I\Ir, Chairman, in this discussion 1 have endeavored to be 
candid. 1 have stated my coi.victions as they exist upon 
niy own mind. I hope oihers will fairly weigh Iheiii, and take 
them lor wh.ntever they may be woilh. 'J"hc time allowed 
in this house is too shoit to discuss the legal quesdon, either 
from aulhoiily or by reference (o precedenL", 1 have con- 
seiiucndy taken the Constitution as my guide, and have 
looked into il for my political faith, as I would into my 
Bible for my religious. When I took my .''cat here, I took 
an oath to preserve, protect, and defend the Constitution. 
'J"o do this in die right spirit, we must look lo (he ins(runient 
itself— and lei precedent and aiithorily have no influence 
widi us, hui as simple matter of reason. Our oath is to 
support the Consti(ndon ns our fathers made i(, and no( as 
cither courts or congresses have construed il. if this course 
is adopled. even the very few argiimenls 1 have used are 
enough. If you lake any other course, die Cuiistitiilion is 
f.ul waste paper, and the sooner you burn it up the better, 
f admit the authority of precedent in matters of judicial de- 
cisions of private right-!, but not in the action of coordinate 
deparlineiits of governnients. We have no infallible church, 
nor have we an infallible court — nor should the decisions of 
one Congress bind the consciences of another. 

Mr. Chairman, 1 will now close my remarks, as I opened 
them, hy invoking the seiious nllention of this House and 
this nation lo the (langer which menaces our tree and glo- 
rious insntiidons. On every side and fiom every quarter of 
the U-nioii I hear the re\eilieraiioiis of (his danger, which. 
10 use (be language of ,Mr. JeHerson on u similar occasion, 
'• falls upon my cur like the alarm of the fircbell at iiiaht — 
like thi; knell of die I'liion." Ves, sir, 1 warn you, and 
through you this House and iliis nation, that llie ship of Stale 
approaches the dreadful iiwn Isitom ol Disunion. She already 
feels and answnis to its circling I'urrents. It is fine that 
every hand wits upon deck, and that every sail w;is set. 
Ves, we approach the wliirlpon|_(|ie sails are rending, the 
masts aie shivering. Ciisl out the aiulior, ilie anchor of the 
('oustiliilion ; even yet it may lake hold ii|ioij the minds and 
die hearts of the people, and save the ship; winch that God 
may grunt, should be die prayer of every heart. 



Printed at llie Coiigii»Rlonal Globe Office. 



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